Evan Price

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Evan Price

Evan Price

@EvanDLPrice

Barrister at Ten Old Square, Lincoln's Inn. Bencher of @middletemple. Advocacy trainer.

London Katılım Temmuz 2009
165 Takip Edilen208 Takipçiler
Evan Price
Evan Price@EvanDLPrice·
@BarbaraRich_law I have seen that, but with people frequently using AI it did make me check! The issues seem to be intractable … discrimination laws are being brought into disrepute by the continuous litigation where the answers seem to me to have been quite appropriately dealt with by the SC.
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Barbara Rich
Barbara Rich@BarbaraRich_law·
@EvanDLPrice The names of the protagonists will be forever memorable through their conjunction, but it is very serious litigation for those engaged in it or in partisanship with either side, and for exposure of the problems of gender self-identification in law in this and other jurisdictions
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Barbara Rich
Barbara Rich@BarbaraRich_law·
Link to the public court file including today’s judgement in Giggle for Girls v Roxanne Tickle (the Appeal). The Federal Court of Australia is a long way ahead of our courts in putting so many case documents online for non-parties to read fedcourt.gov.au/services/acces…
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Mark Baldwin
Mark Baldwin@bloomsburykid·
@BarbaraRich_law If she did receive such definitive advice, it is rather odd that this was not reported to Sir Laurie Magnus, way back when. It would presumably have saved her from having to resign. I would have that at that stage she was receiving competent advice.
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Barbara Rich
Barbara Rich@BarbaraRich_law·
It follows from this revelation that Angela Rayner would have a prima facie case of professional negligence against the person who had given this mistaken advice. But the political damage from having followed the advice would be unquantifiable and irrecoverable on such a claim
Dan Neidle@DanNeidle

Aaronson says that the actual facts demonstrated that Ms Rayner *had* been given definitive advice there was no higher rate SDLT charge, without a caveat.

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Evan Price
Evan Price@EvanDLPrice·
@BarbaraRich_law @mr_james_c I don’t think people realise just how complicated tax law has become. In the time I’ve been in practice the texts have tripled in length … and to fit them into the books they’ve thinned the paper and reduced the font size … and that’s before you start looking at the guidance.
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Barbara Rich
Barbara Rich@BarbaraRich_law·
@mr_james_c The underlying facts in her case were different and related to deemed ownership of a property held in trust for a disabled child
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Evan Price
Evan Price@EvanDLPrice·
@harryhpalmer @DanNeidle No he’s not. He’s simply reporting what he has been told and explaining that he still finds the result surprising …
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Dan Neidle
Dan Neidle@DanNeidle·
An update on Angela Rayner. I wrote this morning that our team didn't understand why HMRC accepted Ms Rayner was not "careless", and so escaped penalties. I've since spoken to her lawyer, Graham Aaronson KC. The conversation was surprising.
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Evan Price
Evan Price@EvanDLPrice·
@DanNeidle Being fair to them and to her, privilege does apply and while we want our politicians to be transparent we should still respect that shouldn’t we?
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Dan Neidle
Dan Neidle@DanNeidle·
Mr Aaronson is an eminent KC - but he is acting for one party to a dispute, and Ms Rayner's team will not provide any documentary evidence. So as things stand the position remains: we can't assess whether HMRC acted correctly.
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Evan Price
Evan Price@EvanDLPrice·
@DanNeidle @StuartMaggs My only experience of this is in a single case where the taxpayer’s arguments weakened the apparent clarity of a decision that, reading between the lines, HMRC wouldn’t want compromised for the future …
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Dan Neidle
Dan Neidle@DanNeidle·
@StuartMaggs Even though she was advised by two sets of lawyers to obtain tax advice, and didn’t?
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Stuart
Stuart@StuartMaggs·
This decision by HMRC does not surprise me. Angela Rayner got caught in an obscure part of the legislation and the fact that no penalty was levied indicates that HMRC agrees. It shows that people can correct their tax affairs without upset when they have done no wrong. Sometimes tax is complicated.
Pippa Crerar@PippaCrerar

EXCL: Angela Rayner has been cleared by HMRC of deliberate wrongdoing or carelessness over her tax affairs, paving the way for a potential leadership bid if Keir Starmer’s grip on power unravels. The former DPM has settled £40,000 in unpaid stamp duty, but has not paid any penalty as a result of the investigation. HMRC was also satisfied there was no tax avoidance. Rayner tells me she was “bruised” by whole experience because of intrusion into her disabled son’s personal life, but also because it had appeared as though she was “in it for myself” rather than on the side of ordinary people. Rayner indicated she may run in event of a contest as she would “play my part” and that she understood why Labour MPs were so upset following last week’s election crushing. She said Starmer should “reflect on” stepping aside.

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Evan Price
Evan Price@EvanDLPrice·
@banthebbc @DanNeidle @mccleangreen Paying taxes is not voluntary. If you know of something that gives rise to a liability to pay a tax, and fail to provide information to an authority to enable you to pay a tax, you can face penalties etc for that failure. These are not optional obligations.
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Evan Price
Evan Price@EvanDLPrice·
@banthebbc @DanNeidle @mccleangreen It is a criminal offence under the 2003 Communications Act to watch or record live TV etc without a valid TV licence. If you don't use the services, you don't need one. That the law is difficult to enforce, doesn't make the breach of the law any less of an offence. 1/2
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Evan Price
Evan Price@EvanDLPrice·
@banthebbc @DanNeidle @mccleangreen It is an interesting example of… and can and does result in criminal cases, raising real concerns about the fairness of the to licensing system’s enforcement that I have had to deal with at the legal advice centre. Sadly, a law evaded is a law evaded … not something else.
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Max
Max@banthebbc·
Take the TV Licence tax for example. There is now open evasion of it on a very large scale. It can be easily defeated by zero contact with the goons and enforcement is reduced to silly empty threat letters that a Nigerian scam has more credibility. A law not enforced is not a law. In practical terms laws all have a cost/benefit equation.
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Evan Price
Evan Price@EvanDLPrice·
@banthebbc @DanNeidle @mccleangreen In either case, someone who fails to tell the local authority or HMRC something that enables the relevant authority that they are liable for a tax is evading the tax ... it can be wilful, negligent, or arise from ignorance. All are evasion, rather than anything else.
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Max
Max@banthebbc·
I am not talking about legal argument. Going back to Dan’s original point: "HMRC missed Zahawi’s avoidance for 15 years". If the state’s own tax collector is this incompetent and has effectively zero enforcement (as Zahawi's case shows) then claims about “evasion” that is both unenforced and unproven are pointless. That’s the practical reality, not the theoretical legal one.
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Evan Price
Evan Price@EvanDLPrice·
@banthebbc @DanNeidle @mccleangreen On that basis, if someone doesn’t tell HMrC that they are self employed of have some income apart from their PAYE, and so they don’t fill in the required self assessment paperwork, they aren’t ‘evading’ tax? It would be interesting to try that argument in the tribunal …
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Evan Price
Evan Price@EvanDLPrice·
@elniedunne @AudreySuffolk I suspect that they will find themselves explaining that the actual ability to fund and choose is very limited a lot too …
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Eleanor Greene
Eleanor Greene@elniedunne·
@AudreySuffolk Indeed. Many officers are going to be tearing their hair out trying to explain Standing Orders Financial Regulations Code of Conduct Ultra Vires and the limist on spending powers laid down in statute
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Audrey Ludwig MBE
Audrey Ludwig MBE@AudreySuffolk·
My prediction for both Reform and Green Councils is going to be too much obsession with flags; and too little understanding that most of what Councils actually do is governed by statute and public law
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Evan Price
Evan Price@EvanDLPrice·
@ZoeJardiniere Dwr Cymru is not owned by any shareholders. It's parent company is a company limited by guarantee and is 'not for profit'. Not nationalised, but said to be run for the benefit of its customers ...
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Evan Price
Evan Price@EvanDLPrice·
@michaelwhite Many Jews here do not agree with much the Israeli Govt does. The calls to ‘globalise the intifada’ are, in reality, calls to murder and intimidate Jews outside Israel. 2/2
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Evan Price
Evan Price@EvanDLPrice·
@michaelwhite Why does a discussion about violence against Jews here have to ‘acknowledge the slaughter’ anywhere else? Jews in the UK, unless they are also Israelis, have no influence of the actions of an unpopular Govt in Israel. They have no responsibility for that Govt or its acts. 1/2
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MichaelWhite
MichaelWhite@michaelwhite·
it pretty shabby for British Jews to abuse Starmer as a “traitor”(to whom?),but listening to him on R4 Today he also failed the Gaza test. There’s no honest debate on AS without acknowledging the slaughter in Gaza. Nic Rob have KS a chance, he dodged it bbc.co.uk/news/articles/…
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Evan Price
Evan Price@EvanDLPrice·
@DavidAGottlieb @ClarkeMicah @GayoCaesar Most lawyers, regardless of their politics, have understood that liberty and freedom under the law are required for a truly democratic state. For me, problems begin when the state polices others’ thoughts rather than their acts and allows some to close down others’ freedoms.
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David Gottlieb
David Gottlieb@DavidAGottlieb·
@ClarkeMicah @GayoCaesar This is unfair. No other mainstream journalist during my 37 year legal career has consistently stood up for liberty, freedom and tolerance under the law. As a young lawyer, I believed such views were always held by left wing progressives like myself. How wrong I was.
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Evan Price
Evan Price@EvanDLPrice·
@LarsHellqvis @michaelwhite Name another country that has spent its entire existence being attacked by its neighbours and or their proxies? The current government in Israel is abhorrent, but previous governments have offered peace of numerous occasions … and these offers have always been rejected.
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MichaelWhite
MichaelWhite@michaelwhite·
Not sure we need lessons on civic values from Bibi Netanyahu or the Daily Mail
MichaelWhite tweet media
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Evan Price
Evan Price@EvanDLPrice·
@JRLevinsLaw I suspect it has to do with the combined facts that it is summary justice and that it was traditional tried by lay magistrates rather than by Judges. The ‘Red’ justices on assizes would then hear the appeals from the lay magistrates rather than…
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JR Levins
JR Levins@JRLevinsLaw·
Almost every other type of appeal — whether criminal or civil — is subject to a permission stage. An unfettered right to a complete re-hearing is a Rolls Royce standard, and I don't understand the case for providing it only to those convicted in the mags.
Joanna Hardy-Susskind@Joanna__Hardy

Re-examining - from scratch - a summary conviction can be important, consequential work. The government want to introduce this set of spectacularly bad ideas instead 👇🏼

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Keşfet

@BarbaraRich_law @bloomsburykid @mr_james_c @harryhpalmer @DanNeidle @StuartMaggs @banthebbc @mccleangreen